Page:The Hardships of the English Laws in Relation to Wives. Bodleian copy.pdf/12

 a good Will or not? The Council for the Will cited many Authorities from the civil Law, and hewed, that among the Romans, if a Man had made his Will, and was afterwards taken Captive, uch Will revived and became again in Force, by the Tetator's repoeing his Liberty: And thence inferred, that as Marriage was a State of Captivity, Wills made by Women who became Free by Survivorship ought to revive with their Freedom.

But the Court finding one Ditinction, viz. that Marriage was a voluntary Act, and Captivity the Effect of Compulion, the Judges determined the Will to be void.

Obervation, The Arguments of the Council make the Etate of Wives equal to, the Ditinction of the Court wore than, Slavery itelf.

Cae II. An unfortunate Wife who had been o cruelly treated by her Huband, that Life itelf was become a Burthen to her, at lat made her Application to her Brother, who was a Clergy-Man, and inclined by all the Motives of Chritianity to ait her. He received her into his Houe, with her Spirit quite oppret and unk by her Huband's Severity, which had o far affected her Contitution, that he was in a very bad State of Health. He went to her Huband, and in